Violence Research Paper Example | Topics and Well Written Essays - 750 words

Violence - Research Paper Example In order to determine whether messages related to spanking should be attributed to influencing parents or caretakers to spank their children whenever they engage in any form of wrong doing, the appropriate study would be to survey parents or caretakers and interview them on the frequency with which they receive messages related to spanking, and whether they consider the messages that they receive while disciplining their children. In this case, once the frequency of spanking is identified based on the messages that parents and caretakers receive, it would be possible to determine if the messages attributed to spanking play an essential role in influencing the spanking mechanisms. Secondly, the data was gathered from mothers only despite the fact that there are other caretakers who play the role of disciplining children. Therefore, the paper should have considered the information from all the caretakers in order to provide room for understanding the context of discipline and informati on sharing in a household. In case the information was gathered from other caretakers or even the fathers to the children, they would provide other information related to their perception towards spanking, and the alternative mechanisms that they adopt in case they oppose spanking as a means of disciplining a child (Walsh, 2000). For instance, the way in which a father can discipline a child is not the way a mother can do it. To investigate how fathers perceive the issue of spanking, the questionnaires should contain questions that target fathers based on how they view spanking differently from mothers. Questions should be raised on the different approaches they adopt to discipline their children, and which they perceive to be different from the ones that their mothers adopt. There are also those children who are kept under the care of their grandparents. Because of their age, they would not be able to undertake spanking like the way the parents of the children do it. They might not even consider spanking at all as this would demand a lot of strain from them. Since the time for recall with respect to how often parents spank their children was more than six months, the mothers could have forgotten the frequency with which they spanked their children. As a result, the time for recall should be reduced significantly so that parents could be able to provide appropriate details based on how often they spank their children. The time for recall in this case should be approximately two months since this would provide room for gathering appropriate details and analysis on whether spanking is adopted on a frequent basis to serve as a way of disciplining the children. While gathering data from a population, it is crucial to consider diverse groups since they would provide room for the generalization of the results that are generated. This would create room for the realization of appropriate results as opposed to considering just a single group from a population. The samp le for the study came primarily from white people that were based in Midwestern cities (Walsh, 2000). This made it difficult to generalize the findings from the study. Therefore, in order to ensure that this issue is addressed, the study should have considered people from various

The Approach of the Law Lords Essay Example | Topics and Well Written Essays - 1750 words

The Approach of the Law Lords - Essay Example When it is impossible to interpret the legislation in a manner that complies with the ECHR, the domestic court must come up with a â€Å"Declaration of Incompatibility†. The point of departure into the enquiry as to whether the Law Lords are now made to legislate human rights is the provision in the Human Rights Act 1998, Section 3 of which reads as follows: â€Å"So far as possible to do so, primary legislation and secondary legislation should be read and given effect in a way which is compatible with Convention rights.† By Convention Rights, one refers to the European Convention on Human Rights, to which the United Kingdom is bound. The crux of the debate is this: does this provision now radically alter the power of Judges, such that they may now effectively ‘legislate’ human rights through interpretation of acts of Parliament? If so, is this change for better or for worse? Observers have noted that â€Å"stocktaking rather than definitive appraisal† (Bonner, et. al., 2003: 549) may be more prudent, given the evolving picture. This paper first looks at the background of Section 3 and how this Section has been developed and crystallised in jurisprudence. After which, this paper shall also argue that this is in consistent with the international obligations of the United Kingdom. Finally, it shall make the argument that the effects of Section 3 is more beneficial than detrimental, in that it establishes with greater certainty the separation between the legislature and the judiciary – a move that complements the recent creation of the Supreme Court as an appellate tribunal over the Law Lords. The main critique, to err on the side of oversimplicity, of those who argue that the Section 3 of the Human Rights Act 1998 is too radical an alteration of the power of judges is that human rights policy in the country will be in the hands of a group of people who were not elected through democratic elections. On the other hand, those who argue for the Human Rights Act, and consequently, the European Convention on Human Rights, state that the imperatives of human rights and justice demand that Parliamentary acts be constantly checked and balanced. Indeed, the requirements of modern governance make it necessary that the branches of government are not given unfettered power and discretion. It goes without saying, for instance, that considerations of peace and order must be weighed against the sacrosanct principles of civil liberties and personal freedoms. Statutory construction Jurisprudence has spoken richly on how to proceed with interpreting legislation in harmony with Article 3. First, it is important to identify the specific statutory provision that is in contravention with the rights under the Human Rights Act (see the case of R v A (No. 2) [2002] 1 AC 45 ). After which, the Court must determine whether or not there is a breach of Convention rights (see the case of Poplar Housing Association v Donaghue [2002 ] QB 48 para 5). The court is then charged with the duty of identifying possible meanings means within the legislation. Jepson states that there are two principal ways by which the